17
In forceCompetence and compellability: defendants in criminal proceedings
Chapter 2Adducing evidence
Part 2.1Witnesses
Division 1Competence and compellability of witnesses
17 Competence and compellability: defendants in criminal proceedings
(1)
This section applies only in a criminal proceeding.
(2)
A defendant is not competent to give evidence as a witness for the prosecution.
(3)
An associated defendant is not compellable to give evidence for or against a defendant in a criminal proceeding, unless the associated defendant is being tried separately from the defendant.
(4)
If a witness is an associated defendant who is being tried jointly with the defendant in the proceeding, the court is to satisfy itself (if there is a jury, in the jury’s absence) that the witness is aware of the effect of subsection (3).
Note:
Associated defendant is defined in the Dictionary.
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